Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1887-09-23
Areo, Isaac ponaloten, 0. &. Tred~ay. F. L

| Lynn and Geo. w. Kellogg.
| The opening statements OF the counsel were
! made 10 the jury Friday morning, f. II. Hub
bard appearing for the state. He read tn. in
| dictment charging Munchrath with murder
| Mr. Hubbard said that the state would provo
that Munchrath did combine with others to
commit wrong against DR. Haddock-atleast
to assault him with intent to do him bodily in
| iury-and tina he was present with others in
| pursuance of this intent whom Dr. Haddock
was murdered Mr.. Hubbard did not charge
that Munchrah actually fred with his own
| ba ID the revolver shot which killed DR.. Had
dock. He then gave an outline OF the facts,
showing tina. Munchrath was in conspiracy
| and combination % commit an assault on DR..
Haddock, speakin , of tho Clark liquor law,
DIR. Haddocks attempt to enforce 1t in Sioux
| City, and of Munchrath as o saoon-k eper;
showing the organization OF the saloon-keep,,
ers TO stop the prosecutions; the plan formal
and the commit esppoin ed to 'do up" Hal
dock, or persons connected with the prosecu-
! tions-at all events to silence tho witnessos;
how Munchraih tire day before tho murder
went to Dan Morarity TO try to get ct him 10 slug
ployed s.Bismarck' and Granda Tor the same
business; how, on the night OF the murder,
Munchrath was on the streets with other con-
spirators, knowing that Haddock had gone III
buggy to Greenvile; how Munchrath en-
although he did not go himself in the hack;
how he did later peer into hack in which /.
p Murphy was beng conveyed home from
the train few minutes before the murder and
says: "Ihis is not the hack l am looking for;'
how few minute later he was at Junk's sa-
loon with other conspirators, who were Joined
| with the conspirators who had pursued Hal
crck in the hack; how lie left Junk's with the
crowd aud went direct to the corner Of Water
and Fourth streets, a little moro than block
| distant, as soon as the sentinel came with
word that Haddock had returned, and there
met him; and how there the pistol was fired
and Haddock fell dead within a few feet Of
Munchra;h.
Mr. Hubbard said tho state would show all
these facts, and they would demonstrate that
wrongful act upon Haddock, in puriuaice of
VIII CHI the latter was killed, and the law made
his guilt the guilt of murder, and the jury
could not find otherwise.
Geo. w. Argo, for the defense, wanted the
| jury to remember that the indictment and the
states statements were on'y assettions-not
proof He said that the defendan pie I'd not
guilty and that plea denied every allegation
in the indictment, and the state was COM
PEELED 10 prove it's charge by evidence, beyond
all reasonable doubt. In tho antime
| Munchrath was presumed to be innocent; he
stood before the jury an innocent man.
Mr.. Argo said that the state c,uld notprove
its statements. 1t could not prove that
Munchrath ever entered q conspiracy 10 hurt
Haddock It could not pr,vc that he was on
| Lno 6Lreet tuat ulS0C 10 harm aaOuCch Ill any
way Mr.. Argo sud that the state did not
claim that Munchrah fred tho shot-only
that he was present when the shot was fred
Mr.. Argo declared tnat the de. onse would
show that Munchrath was not present when
the shot was fired and had no part whatever
IN the killing.
He then spoke of Munchrath as quiet and
peaceable man, who had lived all his life in
Sioux City. He denied that Munchrath was a
saloon-keeper, but admitted that he did for o
while conduct saloon bar in his boarding
house, the fremont house. Mr.. Argo spoke
Of Munchrath's father as one of the Oldest
citizens Of Sioux City, who had served as JUS
tice of the peace anu alderman.
He declared that tho state couldn't prove
that Munchrath had anything to do with the
murder He said that the state had no proof,
but the evidence OF q ma who was con-
fessed perjurer. He then sailed into Leavitt,
the perjurer, and charged that he was the
murderer OF Haddock and that the prosecu-
ton knew it He denounced Bismarck as q
tool in Leavitt's hands, whom he had cor
rupted and colluded with tosave his own neck
by falsely accusing innocent men. Again re.
iterating that tho defense would prove that
Munchrath was not present, and asking the
jury to remember the evil characters OF
Leavitt and Bismarck, Mr.. Argo concluded.